Kuldeep Chaurasiya @ Kuldeep Kumar Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

Kuldeep Chaurasiya @ Kuldeep Kumar Vs State… — Child Sexual Offences (POCSO) | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Release of the applicant on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the magistrate/court concerned, subject to conditions: (i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

Issue for consideration

Whether the applicant Kuldeep Chaurasiya @ Kuldeep Kumar should be released on bail in Case Crime No.257 of 2024 registered under Sections 333, 352, 351(3), 65(1) BNS, Section 5Ja/6 POCSO Act and Section 3(2)(v) SC/ST Act, Police Station Jais, District Amethi.

Court's answer

The applicant is entitled to be released on bail because, although the victim alleged commission of rape by the applicant, the allegation is not supported by the findings of the medico legal examination report; the applicant is a young man aged 18 years with no previous criminal history, languishing in jail since 28.09.2024, and the investigation already stands concluded.

Ratio / Principle

The bail application is allowed and the applicant is to be released on bail on furnishing a personal bond and two sureties each in the like amount, subject to conditions that he shall not tamper with prosecution evidence, shall not pressurize prosecution witnesses, and shall appear on each and every date fixed by the trial court unless his appearance is exempted.

Detailed headnote1 paragraphs

Bail granted — Offences under Sections 333, 352, 351(3), 65(1) BNS, Section 5Ja/6 Protection of Children from Sexual Offences Act and Section 3(2)(v) Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Case Crime No.257 of 2024, Police Station Jais, District Amethi — Allegation that applicant raped the informant's daughter when alone at home — Medico legal examination report contained no finding supporting the allegation of rape; radiological examination opined the victim's age to be about 18 years, whereas the Pariwar Register recorded her date of birth as 01.08.2004 — Applicant a young man aged 18 years with no previous criminal history, in jail since 28.09.2024, investigation concluded and charge-sheet submitted on 25.10.2024 — Held, applicant entitled to be released on bail; bail application allowed on furnishing personal bond and two sureties, subject to conditions of not tampering with prosecution evidence, not pressurizing prosecution witnesses, and appearing on every date fixed by the trial court. (Subhash Vidyarthi, J.)

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Neutral Citation No. - 2025:AHC-LKO:24930

Court No. - 15

Case :- CRIMINAL MISC. BAIL APPLICATION No. - 12791 of 2024 Applicant :- Kuldeep Chaurasiya @ Kuldeep Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Dharmendra Kumar Gupta,Dilip Kumar Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Vidyarthi,J.

Heard Sri Dilip Kumar Pandey, the learned counsel for the applicant and Sri Arvind Kumar Pandey, the learned A.G.A.-I for the State and perused the records.

The instant application has been filed seeking release of the applicant on bail in Case Crime No.257 of 2024, under Sections 333, 352, 351(3), 65(1) of B.N.S. and Section 5Ja/6 of Protection of Children from Sexual Offences Act and Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Police Station Jais, District Amethi.

The aforesaid case has been registered on the basis of an F.I.R. lodged on 24.09.2024 alleging that the applicant has been keeping an evil eye on the informant's daughter aged 16 years for the past one year and when she was alone in her house, the applicant entered the house at about 2.00 p.m. on 12.08.2024 and raped her.

In the statement of the victim recorded under Section 180 B.N.S.S., she stated that while she was alone in her home, the applicant raped her by showing a pistol and thereafter he went away.

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The medico legal examination report of the victim does not contain any finding which may support the allegation of commission of rape. As per radiological examination, the age of the victim has been opined to be about 18 years.

As per Pariwar Register, date of birth of the victim is 01.08.2004.

In the statement of the victim recorded under Section 183 B.N.S.S., she reiterated her earlier version.

In the affidavit filed in support of the application, it has been stated that the applicant is a young man aged 18 years having no criminal history and he has been falsely implicated in the present case. 9. The State has filed the counter affidavit annexing therewith copies of the material collected during investigation and a copy of the charge-sheet submitted on 25.10.2024. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view of the fact that although the victim has alleged commission of rape by the applicant, the allegation is not supported by the findings of the medico legal examination report; the applicant is a young man aged 18 years; that the applicant has no previous criminal history and he is languishing in jail since 28.09.2024 whereas the investigation already stands concluded and without making any observation which may affect the merits of the case, I am of the view that the applicant is entitled to be released on bail.

Accordingly, this bail application stands allowed.

Let the applicant- Kuldeep Chaurasiya @ Kuldeep Kumar be released on bail in the aforesaid case on furnishing a personal bond

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and two sureties each in the like amount to the satisfaction of magistrate/court concerned, subject to following conditions:-

(i) the applicant shall not tamper with the prosecution evidence; (ii) the applicant shall not pressurize the prosecution witnesses; (iii) the applicant shall appear on each and every date fixed by the trial court, unless his appearance is exempted by the learned trial court.

[Subhash Vidyarthi,J.]

Order Date :- 30.4.2025 Arvind

Digitally signed by :- ARVIND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench